Administrative Office of the U. S. Courts
Defender Service Office Training Division
Race in the Federal Criminal Court: Strategies in Pursuit of Justice
Hilton Downtown
Atlanta, Georgia
September 8-10, 2016
Thursday, September 8, 2016
7:30 – 8:30 am
Registration and Continental Breakfast
Grand Ballroom West
8:30 – 8:45 am
Welcoming Remarks
Grand Ballroom East
Lori A. Green, Chief, Defender Services Office Training Division,
Washington, DC
Stephanie Kearns, Executive Director, Federal Defender Program,
Inc., Atlanta, Georgia
8:45 – 10:00 am
Race in the Criminal Justice System: Indigent Defense as
the New Civil Rights Struggle and Redefining Success as
Counsel for the Indigent Accused
Grand Ballroom East
Jonathan Rapping, Founder and President, Gideon’s Promise,
Atlanta, Georgia
As we confront racial disparities in the criminal justice system,
we should consider reform of the criminal justice system as a
civil rights struggle deserving its own "movement". In doing
so we should recognize that the task of advancing the cause of
justice in indigent defense is seemingly a Sisyphean effort. But
those who remain energized and idealistic, move the cause of
justice forward each day. While this country has yet to
completely fulfill either Gideon’s promise or that of equal
treatment, we must remain steadfast in our belief that the
1 system is ever-evolving and changing, even if incrementally,
for the better. This session will remind the participant that
while at times their voice may be the only one reminding the
system of our most sacred ideals, they must dig deeper within
themselves to even the playing field for the indigent accused.
10:00 – 10:15 am
Break
10:15 – 11:30 am
Confronting and Understanding Implicit Bias
Grand Ballroom East
Jeffery Robinson, Deputy Legal Director and Director of the Center
for Justice, American Civil Liberties Union, New York, New York
How does implicit bias affect our perceptions and decisionmaking? This session explores the concept of implicit bias and
how it plays out in different areas within the criminal justice
system.
11:45 – 1:15 pm
Lunch
1:15 - 2:45 pm
Historical Legacies of Racial Injustices
Grand Ballroom East
Moderator Jami Johnson, Assistant Federal Defender, District of
Arizona, Phoenix, Arizona
Violeta Chapin, Associate Clinical Professor of Law, Colorado Law,
Boulder, Colorado
George Chaney, Jr., Assistant Federal Public Defender, Southern
District of Ohio, Columbus, Ohio
Barbara Creel, Professor of Law and Director, Southwest Indian Law
Clinic, University of New Mexico, Albuquerque, New Mexico
This panel examines how a history of racial inequality and
racially discriminatory public policy continues to impact
communities of color in their interactions with the criminal
justice system today. The panel focuses in particular on case
studies and narratives—some well-known and some less well
2 known—drawn from various and diverse communities with a
view to understanding the role that our clients’ particular
community histories play in influencing their outcomes in the
criminal process.
2:45 - 3:00 pm
BREAK
3:00 - 4:30 pm
Cultural Competency and Confronting Barriers to Creating a
Culturally Competent Team
Grand Ballroom East
Moderator Norma Aguilar, Supervisory Assistant Federal Defender,
Southern District of California, San Diego, California
Vann Arvanetes, Assistant Federal Defender, District of Montana,
Great Falls, Montana
Lori James-Townes, Director of Social Work, Leadership & Program
Development, Office of the Public Defender, Baltimore, Maryland
Rene Valladares, Federal Public Defender, District of Nevada, Las
Vegas, Nevada
This presentation explores what it means to be “culturally
competent” and challenges assumptions and ignorance about
race and other cultures. The discussion will center on what
may cause attorneys to inadvertently disregard important
racial and cultural factors that can assist in the defense of their
clients.
4:30 - 4:40 pm
BREAK
4:40 - 5:40 pm
Breakout Session #1
(1)
What Makes An Indian?
206/207
Jami Johnson, Assistant Federal Defender, District of Arizona,
Phoenix, Arizona
3 The determination of a person’s “Indian status” can have an
enormous effect on the outcome of their case because it largely
determines whether the crime can be charged tribally,
federally, or locally. There is a lot of percolating chatter in the
courts at the moment about the Indian status question with
some judges starting to complain openly that it’s an improper
racial classification.
(2)
Guarding Miranda and Waivers Rancheros: Cultural
Considerations in the Suppression of Confessions
204
Francisco Morales, Assistant Federal Defender, Southern District of
Texas, Corpus Christi, Texas
So you say your client gave a full confession? But before getting
there, your client understood his rights and waived those
rights. Right? This lecture deals with various aspects of
Miranda litigation, especially the influence of culture and
language as it relates to intelligent and knowing waivers of
Miranda rights and statements that are knowingly and
intelligently given. For many, the time they are arrested is the
first time that they have the benefit of hearing Miranda rights.
Is it possible for someone to hear Miranda for the first time and
still not understand it? We will delve into the different ways
that language, education, culture, and machismo, among other
things, play a role in the knowing and intelligent calculus as it
relates to Miranda.
(3)
Race and the Fourth Amendment: Challenging Assumptions
About Reasonableness
203
Juval Scott, Attorney-Advisor, Defender Services Office Training
Division, Washington, DC
Litigation over New York City’s stop and frisk practices and the
killing of unarmed minorities by police officers has placed a
new focus on the reasonableness of law enforcement stops of
4 minorities.
This session will address how previous
assumptions about their reasonableness may be challenged.
Friday, September 9, 2016
7:30 – 8:30 am
Registration and Continental Breakfast
Grand Ballroom West
8:30 - 10:00 am
Judicial Perspectives on Race in the Criminal Justice System
Grand Ballroom East
Moderator: Lori A. Green, Chief, Office of Defender Services
Training Division, Washington, DC
The Honorable Bernice Bouie Donald, Circuit Judge, United States
Court of Appeals for the Sixth Circuit, Memphis, Tennessee
The Honorable L. Felipe Restrepo, Circuit Judge, United States Court
of Appeals for the Third Circuit, Philadelphia, Pennsylvania
The Honorable Donna Ryu, Magistrate Judge, United States District
Court for the Northern District of California, Oakland, California
Judges are aware that the promise of equal justice may depend
on our willingness to confront issues of race. This panel offers
us the opportunity to hear directly from the bench. This panel
of judges will explain how they view the challenges facing our
criminal justice system and how they strive to ensure that those
appearing in their court are treated fairly in those areas within
the court's control.
10:00 – 10:15 am
Break
10:15 - 11:30 am
Attacking Bias through Motions Practice: Revealing and
Litigating Unfair Targeting of People of Color in Federal
Court
Grand Ballroom East
Alison Siegler, Clinical Professor of Law, University of Chicago
School of Law, Chicago, Illinois
5 People of color are often the targets of unfair law enforcement
and prosecution practices. This presentation addresses how to
investigate and litigate the lawfulness and constitutionality of
those practices, including bringing motions for selective
enforcement and selective prosecution.
11:35 – 12:35 pm
(1)
Breakout Sessions
Childhood Trauma in Urban Settings
206/207
Richard G. Dudley, Jr., M.D., New York, New York
In this session there will be a discussion of how repeated
exposure to violent trauma during childhood impacts on the
growth and development of children; how the risk of such
exposure to violent, traumatic situations is increased in urban
settings; and how the availability of or the absence of the type
of parental protection, nurture and support that might mitigate
the impact of such exposure is an additional determinant of
outcome.
The impact of such resultant developmental
difficulties on an individual's ability to function, even as an
adult, will also be discussed, as well as the importance of
recognizing and understanding such impaired functioning
when representing an individual facing criminal charges. In
addition, the use of mental health experts to help obtain this
understanding, and the various ways that consultation with a
mental health expert might be helpful to a defense team, the
ultimate decision-maker, and the client will be discussed.
(2)
Talking About Race and Ethnicity at Sentencing
205
Melody Brannon, Federal Defender, Kansas Federal Public
Defender, Topeka, Kansas
Race and ethnicity are integral to our clients’ identities and
experiences. Yet, we are uncomfortable talking about race with
6 the court. We sometimes act as if it is too sensitive for us to
address. At times, we mistakenly treat it as if it is irrelevant.
There are ways to talk about race at sentencing that educate the
court and explain how it should be considered by the court in
its decision making process. This presentation looks to the data
and empirical evidence, to help craft legal challenges to
disparate sentencing practices, and discusses how to present
our clients' personal experiences to the court.
(3)
Conviction and Deportation: Analyzing the Double Penalty
for Noncitizen Defendants
204
Claudia Valenzuela, Attorney, National Immigrant Justice Center,
Inc., Chicago, Illinois
This presentation will examine the collateral consequences
facing noncitizen defendants for federal criminal offenses in
two particular areas. First, the program will examine the
manner in which drug-related criminal convictions impact
immigration status. Second, the presentation will also address
prosecutions under 8 U.S.C. §§ 1325 and 1326, which punish
illegal entry and re-entry respectively. The presentation will
provide a quick informational overview, including statistical
data and policy considerations behind these offenses, as well as
practical tips to defend against or otherwise ameliorate the
negative consequences stemming from drug and 1325/1326
convictions.
(4)
History and Overview of the Major Crimes Act
203
Barbara Creel, Professor of Law and Director, Southwest Indian
Law Clinic, University of New Mexico, Albuquerque, New Mexico
The Major Crimes Act, passed in 1885, is the primary
mechanism by which Indian crimes end up in federal court,
7 where they often suffer disproportionately longer sentences
because federal sentencing statutes, in particular for violent
crimes, tend to be much harsher than similar state statutes. This
session will explain the statute and its impact on the client.
12:35 – 2:00 pm
Lunch
2:00 – 3:00 pm
Addressing Over Criminalization at Sentencing
Grand Ballroom East
Lucius Outlaw, Assistant Federal Defender, District of Maryland,
Baltimore, Maryland
School systems and the juvenile justice system often criminalize
common less desirable youthful behavior of black and brown
youth, which leads to involvement in the adult criminal justice
system. This presentation looks at ways to explain to the
sentencing court how the criminal histories for people of color
do not accurately capture the social context in which they arise
and why the court should consider facts that mitigate criminal
history.
3:00 - 3:15 pm
BREAK
3:15 - 4:15 pm
Repeat Breakout Sessions
(1)
Childhood Trauma in Urban Settings
206/207
Richard G. Dudley, Jr., M.D., New York, New York
In this session there will be a discussion of how repeated
exposure to violent trauma during childhood impacts on the
growth and development of children; how the risk of such
exposure to violent, traumatic situations is increased in urban
settings; and how the availability of or the absence of the type
of parental protection, nurture and support that might mitigate
the impact of such exposure is an additional determinant of
8 outcome.
The impact of such resultant developmental
difficulties on an individual's ability to function, even as an
adult, will also be discussed, as well as the importance of
recognizing and understanding such impaired functioning
when representing an individual facing criminal charges. In
addition, the use of mental health experts to help obtain this
understanding, and the various ways that consultation with a
mental health expert might be helpful to a defense team, the
ultimate decision-maker, and the client will be discussed.
(2)
Talking About Race and Ethnicity at Sentencing
205
Melody Brannon, Federal Defender, Kansas Federal Public
Defender, Topeka, Kansas
Race and ethnicity are integral to our clients’ identities and
experiences. Yet, we are uncomfortable talking about race with
the court. We sometimes act as if it is too sensitive for us to
address. At times, we mistakenly treat it as if it is irrelevant.
There are ways to talk about race at sentencing that educate the
court and explain how it should be considered by the court in
its decision making process. This presentation looks to the data
and empirical evidence, to help craft legal challenges to
disparate sentencing practices, and discusses how to present
our clients' personal experiences to the court.
(3)
Conviction and Deportation: Analyzing the Double Penalty
for Noncitizen Defendants
204
Claudia Valenzuela, Attorney, National Immigrant Justice Center,
Inc., Chicago, Illinois
This presentation will examine the collateral consequences
facing noncitizen defendants for federal criminal offenses in
two particular areas. First, the program will examine the
manner in which drug-related criminal convictions impact
immigration status. Second, the presentation will also address
9 prosecutions under 8 U.S.C. §§ 1325 and 1326, which punish
illegal entry and re-entry respectively. The presentation will
provide a quick informational overview, including statistical
data and policy considerations behind these offenses, as well as
practical tips to defend against or otherwise ameliorate the
negative consequences stemming from drug and 1325/1326
convictions.
(4)
America's Failed Hegemon:
Reservations and its
Jurisprudence in the 21st Century
203
Vann Arvanetes, Assistant Federal Defender, District of Montana,
Great Falls, Montana
This session will begin with a primer about the government
paradigm with reservations, with an emphasis on the Indian
Civil Rights Act of 1968. Then it will address changes in Tribal
and Federal law, focusing on jurisdictional changes in last five
years, and how they are intertwined with the other. The recent
Supreme Court case Bryant and the aftershocks of it will be
discussed, as well as what the landscape looks like in a postBryant world.
4:20 – 5:20 pm
Collateral Consequences and the Perpetuation of Inequity:
Crafting Sentencing Alternatives That Make a Difference
Grand Ballroom East
David A. Singleton, Esq., Executive Director, Ohio Justice & Policy
Center, Cincinnati, Ohio
Families and communities suffer when members are unable to
contribute to their wellbeing as a result of incarceration.
Unreasonably lengthy prison sentences exacerbate that
situation. Those sentences seem to be more prevalent in
minority communities and extend the unfortunate
consequences that destroy the community’s ability to improve
the lives of its residents.
10 Saturday, September 10, 2016
7:30 – 8:30 am
Registration and Continental Breakfast
Grand Ballroom West
8:30 - 9:30 am
How to Find and Fund Experts to Present Racial
Data/Information to the Court
Grand Ballroom East
Alison Siegler, Clinical Professor of Law, University of Chicago
School of Law, Chicago, IL
James Smith, Esq., CPLS, P.A., Orlando, Florida
Experts can help courts and juries understand the importance
of race in various areas that impact clients’ life experiences both
prior to and within the context of the criminal justice system.
This presentation will focus on how to recognize the need for
such experts and how to obtain funding for their services.
9:40 - 10:40 am
Addressing Issues of Race with the Jury Panel
Grand Ballroom East
Moderator Juval O. Scott, Attorney Advisor, Office of Defender
Services Training Division, Washington, D.C.
Dennis Candelaria, Assistant Federal Defender, District of New
Mexico, Las Cruces, New Mexico
Anthony Ricco, Esq, New York, New York
Callie Glanton Steele, Senior Litigator, Central District of
California, Los Angeles, California
Prosecutors continue to deliberately exclude people of color
from juries. Rather than a jury of their peers, clients are being
judged by jurors who may have no ability to understand
and/or empathize with their experiences.
This panel
discussion will address how to successfully raise, present, and
preserve for review Batson challenges, the importance of having
11 a pool with jurors of color to select from, addressing implicit
bias during voir dire, and ensuring that the client’s humanity
does not get lost during the process.
10:40 - 11:00 am
Break
11:00 – 12:00 pm
Who Are You Representing? Understanding How Indigent
Defense Providers Not Only Speak for Individual Clients-But Also for Families and Communities
Grand Ballroom East
Ilham Askia, Executive Director, Gideon’s Promise, Atlanta,
Georgia
As entire populations are rendered voiceless in the criminal
justice system there is a growing recognition that some lives
don’t matter. These lives are almost exclusively poor and
disproportionately of color. Through storytelling, indigent
defense providers have the ability to give voice to marginalized
communities and humanize those who have been deemed
expendable. We will consider how the power of storytelling
can help indigent defense providers effectively represent
clients, how communications skills are necessary to overcome
barriers and learn our client’s stories, and the importance of
including family and community members in developing an
effective narrative.
12:00 – 12:15 pm
Closing Remarks
Grand Ballroom East
Juval O. Scott, Attorney Advisor, Defender Services Office Training
Division, Washington, DC
12